Am I Eligible To File a Lawsuit Against Bair Hugger Warming Blankets?

If you have used the Bair Hugger blankets, you may have the right to file a personal injury lawsuit. You have greater chances if you've suffered deep joint infections or other orthopedic infections. However, proving your claim may be slightly challenging. This difficulty usually is in linking your injuries to the blanket. This is where the best Bair Hugger litigation lawyers come in.

Firstly, you'll have to show that the Bair Hugger warming blanket was defective. Furthermore, you'll have to establish that this defect caused your injuries. This injury could be any of the infections above. Next, you have to show that the manufacturers were negligent in making the blanket.

It could also be that the negligence was while making the device available to the market. Conversely, you can show that the company was aware of the defect and its consequences. But then, they ignored them and didn't adequately warn the public, including doctors and patients.

Essentially, you have to prove:

• • The warming blanket's defect

• • The role of the manufacturers in negligence or recklessness

• • Link your infections directly to the device

If you can prove all these facts, you can recover fair compensation for your losses.

What Is the Current Status of Bair Hugger Lawsuits?

There's great hope for Bair Hugger plaintiffs around the US. This is because the 8th US Circuit Court of Appeals recently revived about 6,000 lawsuits. The court held that the judge below had wrongly excluded testimony from the plaintiff's medical experts. Notably, the appeals court conceded that there were weaknesses in the medical experts' opinions.

However, it held that the opinions weren't "so fundamentally unsupported that they had to be excluded." Consequently, these plaintiffs will now have their day in court. From this ruling, too, it seems other plaintiffs now have better chances of recovering damages.

Recoverable Damages in a Bair Hugger Air Warming Blanket Lawsuit

If you successfully prove the Bair Hugger warm air blanket caused your infections, you can recover damages. Here, the company will pay for any economic and non-economic losses you incurred from their device. You can get:

1. 1. Medical Expenses: This would include the cost of your additional surgery. The company will also bear all medical bills you incurred while treating your infection.
   2. Lost Income: A Bair Hugger injury may prevent you from working. In such a case, you can recover any wages you would have earned but for the injury.
   3. Non-Economic Damages: You can also recover compensation for pain and suffering from your wounds. This compensation can also cover forms of emotional distress.

Victims of Bair Hugger bacterial infections can die. If this happens, the deceased's estate can file a lawsuit against the company. Their recoverable damages for wrongful death will include:

• • Cost of medical treatment before the decedent's death

• • Funeral and burial expenses

• • Mental pain and anguish the death caused the deceased's survivors

• • Lost love, care, companionship, etc.

• • Lost inheritance

• • Lost maintenance, services, support, and advice

• • Other losses the family incurs because of the victim's death